Skip to main content

Full text of "The Corrupt Business Of Child Protective Services.pdf (PDFy mirror)"

See other formats

From the legislative desk of Senator Nancy Schaefer 50th District of 

November 16, 2007 


BY: Nancy Schaefer 

Senator, SO'"" District 

My introduction into child protective service cases was due to a grandmother in an adjoining 
state who called me with her tragic story. Her two granddaughters had been taken from her 
daughter who lived in my district. Her daughter was told wrongly that if she wanted to see 
her children again she should sign a paper and give up her children. Frightened and young, 
the daughter did. I have since discovered that parents are often threatened into cooperation 
of permanent separation of their children. 

The children were taken to another county and placed in foster care. The foster parents 
were told wrongly that they could adopt the children. The grandmother then jumped through 
every hoop known to man in order to get her granddaughters. When the case finally came to 
court it was made evident by one of the foster parent's children that the foster parents had, 
at any given time, 18 foster children and that the foster mother had an inappropriate 
relationship with the caseworker. 

In the courtroom, the juvenile judge, acted as though she was shocked and said the two girls 
would be removed quickly. They were not removed. Finally, after much pressure being 
applied to the Department of Family and Children Services of Georgia (DFCS), the children 
were driven to South Georgia to meet their grandmother who gladly drove to meet them. 

After being with their grandmother two or three days, the judge, quite out of the blue, wrote 
up a new order to send the girls to their father, who previously had no interest in the case and 
who lived on the West Coast. The father was in "adult entertainment". His girlfriend worked 


- 1 - 

as an "escort" and his brother, who also worked in the business, had a sexual charge brought 
against him. 

Within a couple of days the father was knocking on the grandmother's door and took the 
girls kicking and screaming to California. 

The father developed an unusual relationship with the former foster parents and soon moved 
back to the southeast, and the foster parents began driving to the father's residence and 
picking up the little girls for visits. The oldest child had told her mother and grandmother 
on two different occasions that the foster father molested her. 

To this day after five years, this loving, caring blood relative grandmother does not even 
have visitation privileges with the children. The little girls are in my opinion permanently 
traumatized and the young mother of the girls was so traumatized with shock when the 
girls were first removed from her that she has not recovered. 

Throughout this case and through the process of dealing with multiple other mismanaged 
cases of the Department of Family and Children Services (DFCS), I have worked with other 
desperate parents and children across the state because they have no rights and no one with 
whom to turn. I have witnessed ruthless behavior from many caseworkers, social workers, 
investigators, lawyers, judges, therapists, and others such as those who "pick up" the 
children. I have been stunned by what I have seen and heard from victims all over the state 
of Georgia. 

In this report, I am focusing on the Georgia Department of Family and Children Services 
(DFCS). However, I believe Child Protective Services nationwide has become corrupt and 
that the entire system is broken almost beyond repair. I am convinced parents and families 
should be warned of the dangers. 

The Department of Child Protective Services, known as the Department of Family and 
Children Service (DFCS) in Georgia and other titles in other states, has become a "protected 
empire" built on taking children and separating families. This is not to say that there are not 
those children who do need to be removed from wretched situations and need protection. 
This report is concerned with the children and parents caught up in "legal kidnapping," 
ineffective policies, and DFCS who do does not remove a child or children when a child is 
enduring torment and abuse. (See Exhibit A and Exhibit B) 

In one county in my District, I arranged a meeting for thirty-seven families to speak freely 
and without fear. These poor parents and grandparents spoke of their painful, heart 
wrenching encounters with DFCS. Their suffering was overwhelming. They wept and 
cried. Some did not know where their children were and had not seen them in years. I 
had witnessed the "Gestapo" at work and I witnessed the deceitful conditions under which 
children were taken in the middle of the night, out of hospitals, off of school buses, and out 


of homes. In one county a private drug testing business was operating within the DFCS 
department that required many, many drug tests from parents and individuals for profit. In 
another county children were not removed when they were enduring the worst possible abuse. 

Due to being exposed, several employees in a particular DFCS office were fired. However, 
they have now been rehired either in neighboring counties or in the same county again. 
According to the calls I am now receiving, the conditions in that county are returning to 
the same practices that they had before the light was shown on their deeds. 

Having worked with probably 300 cases statewide, I am convinced there is no responsibility 
and no accountability in the system. 

I have come to the conclusion: 

• that poor parents often times are targeted to lose their children because they do not 
have the where-with-all to hire lawyers and fight the system. Being poor does not mean 
you are not a good parent or that you do not love your child, or that your child should 
be removed and placed with strangers; 

• that all parents are capable of making mistakes and that making a mistake does not 
mean your children are always to be removed from the home. Even if the home is not 
perfect, it is home; and that's where a child is the safest and where he or she wants to 
be, with family; 

• that parenting classes, anger management classes, counseling referrals, therapy classes 
and on and on are demanded of parents with no compassion by the system even while 
they are at work and while their children are separated from them. This can take 
months or even years and it emotionally devastates both children and parents. Parents 
are victimized by "the system" that makes a profit for holding children longer and 
"bonuses" for not returning children; 

• that caseworkers and social workers are oftentimes guilty of fraud. They withhold 
evidence. They fabricate evidence and they seek to terminate parental rights. 
However, when charges are made against them, the charges are ignored; 

• that the separation of families is growing as a business because local governments have 
grown accustomed to having taxpayer dollars to balance their ever-expanding budgets; 

• that Child Protective Service and Juvenile Court can always hide behind a 
confidentiality clause in order to protect their decisions and keep the funds flowing. 
There should be open records and "court watches"! Look who is being paid! 

-3 - 

There are state employees, lawyers, court investigators, court personnel, and judges. 
There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster 
parents, adoptive parents, and on and on. All are looking to the children in state 
custody to provide job security. Parents do not realize that social workers are the glue 
that holds "the system" together that funds the court, the child's attorney, and the 
multiple other jobs including DFCS's attorney. 

that The Adoption and the Safe Families Act, set in motion by President Bill Clinton, 
offered cash "bonuses" to the states for every child they adopted out of foster care. In 
order to receive the "adoption incentive bonuses" local child protective services need 
more children. They must have merchandise (children) that sell_and you must have 
plenty of them so the buyer can choose. Some counties are known to give a $4,000 
bonus for each child adopted and an additional $2,000 for a "special needs" child. 
Employees work to keep the federal dollars flowing; 

that there is double dipping. The funding continues as long as the child is out of the 
home. When a child in foster care is placed with a new family then "adoption bonus 
funds" are available. When a child is placed in a mental health facility and is on 16 
drugs per day, like two children of a constituent of mine, more funds are involved; 

that there are no financial resources and no real drive to unite a family and help keep 
them together; 

that the incentive for social workers to return children to their parents quickly after 
taking them has disappeared and who in protective services will step up to the plate and 
say, "This must end! No one, because they are all in the system together and a system 
with no leader and no clear policies will always fail the children. Look at the waste in 
government that is forced upon the tax payer; 

that the "Policy Manuel" is considered "the last word" for DFCS. However, it is too 
long, too confusing, poorly written and does not take the law into consideration; 

that if the lives of children were improved by removing them from their homes, there 
might be a greater need for protective services, but today all children are not always 
safer. Children, of whom I am aware, have been raped and impregnated in foster care 
and the head of a Foster Parents Association in my District was recently arrested 
because of child molestation; 

that some parents are even told if they want to see their children or grandchildren, they 
must divorce their spouse. Many, who are under privileged, feeling they have no 
option, will divorce and 

then just continue to live together. This is an anti-family policy, but parents will do 
anything to get their children home with them. 

• fathers, (non-custodial parents) I must add, are oftentimes treated as criminals without 
access to their own children and have child support payments strangling the very life 
out of them; 

• that the Foster Parents Bill of Rights does not bring out that a foster parent is there 
only to care for a child until the child can be returned home. Many Foster Parents 
today use the Foster Parent Bill of Rights to hire a lawyer and seek to adopt the child 
from the real parents, who are desperately trying to get their child home and out of the 

• that tax dollars are being used to keep this gigantic system afloat, yet the victims, 
parents, grandparents, guardians and especially the children, are charged for the 
system's services. 

• that grandparents have called from all over the State of Georgia trying to get custody of 
their grandchildren. DFCS claims 

relatives are contacted, but there are cases that prove differently. Grandparents who 
lose their grandchildren to strangers have lost their own flesh and blood. The children 
lose their family heritage and grandparents, and parents too, lose all connections to 
their heirs. 

• that The National Center on Child Abuse and Neglect in 1998 reported that six times as 
many children died in foster care than in the general public and that once removed to 
official "safety", these children are far more likely to suffer abuse, including sexual 
molestation than in the general population. 

• That according to the California Little Hoover Commission Report in 2003, 30% to 
70% of the children in California group homes do not belong there and should not have 
been removed from their homes. 

Please continue: 

(See Final Remarks next page) 



On my desk are scores of cases of exhausted families and troubled children. It has 
been beyond me to turn my back on these suffering, crying, and sometimes beaten down 
individuals. We are mistreating the most innocent. Child Protective Services have become 
adult centered to the detriment of children. No longer is judgment based on what the child 
needs or who the child wants to be with or what is really best for the whole family; it is some 
adult or bureaucrat who makes the decisions, based often on just hearsay, without ever 
consulting a family member, or just what is convenient, profitable, or less troublesome for 
a director of DFCS. 

I have witnessed such injustice and harm brought to these families that I am not sure if I even 
believe reform of the system is possible! The system cannot be trusted. It does not serve the 
people. It obliterates families and children simply because it has the power to do so. 

Children deserve better. Families deserve better. It's time to pull back the curtain and set 
our children and families free. 

''Speak up for those who cannot speak for themselves, for the rights of all who are destitute. 
Speak up and judge fairly; defend the rights of the poor and the needy" Proverbs 31:8-9 

Please continue to read: 
Exhibit A 
Exhibit B 



1. Call for an Independent audit of the Department of Family and Children's Services 
(DFCS) to expose corruption and fraud. 

2. Activate immediate change. Every day that passes means more families and children 
are subject to being held hostage. 

3. End the financial incentives that separate families. 

4. Grant to parents their rights in writing. 

5. Mandate a search for family members to be given the opportunity to adopt their 
own relatives. 

6. Mandate a jury trial where every piece of evidence is presented before removing a 
child from his or her parents. 

7. Require a warrant or a positive emergency circumstance 

before removing children from their parents. (Judge Arthur G. Christean, Utah Bar 
Journal, January, 1997 reported that "except in emergency circumstances, including 
the need for immediate medical care, require warrants upon afHdavits of probable 
cause before entry upon private property is permitted for the forcible removal of 
children from their parents.") 

8. Uphold the laws when someone fabricates or presents false evidence. If a parent 
alleges fraud, hold a hearing with the right to discovery of all evidence. 

Senator Nancy Schaefer 
50th District of Georgia 

Continue to Exhibit A 
next page 



December 5, 2006 

Jeremy's Story 

( Some names withheld due to future hearings) 

As told to Senator Nancy Schaefer by Sandra (XXXX), a foster parent of Jeremy for 2 Vi 

My husband and I received Jeremy when he was 2 weeks old and we have been the only 
parents he has really ever known. He lived with us for 27 months. (XXXX) is the grandfather 
of Jeremy, and he is known for molesting his own children, for molesting Jeremy and has 
been court ordered not to be around Jeremy. (XXXX) is the mother of Jeremy, who has 
been diagnosed to be mentally ill, and also is known to have molested Jeremy. (XXXX) 
and Jeremy's uncle is a registered sex offender and (XXXX) is the biological father, who is a 
drug addict and alcoholic and who continues to be in and out of jail. Having just described 
Jeremy's world, all of these adults are not to be any part of Jeremy's life, yet for years DFCS 
has known that they are. DFCS had to test (XXXX) (the grandfather) and his son (XXXX) 
(the uncle) and (XXXX) to determine the real father. (XXXX) is the biological father 
although any of them might have been. In court, it appeared from the case study, that 
everyone involved knew that this little boy had been molested by family members, even by 
his own mother, (XXXX). In court, (XXX), the mother of Jeremy, admitted to having had 
sex with (XXXX) (the grandfather) and (XXXX) (her own brother) that morning. Judge 
(XXXX) and DFCS gave Jeremy to his grandmother that same day. (XXXX), the 
grandmother, is over 300 lbs., is unable to drive, and is unable to take care of Jeremy due to 
physical problems. She also has been in a mental hospital several times due to her behavior. 

Even though it was ordered by the court that the grandfather (XXXX), the uncle (XXXX) 
(a convicted sex offender), (XXXX) his mother who molested him and (XXXX) his biological 
father, a convicted drug addict, were not to have anything to do with the child, they all 
continue to come and go as they please at (XXXX address), where Jeremy has been 
"sentenced to live" for years. This residence has no bathroom and little heat. The front door 
and the windows are boarded. (See pictures) This home should have been condemned years 
ago. I have been in this home. No child should ever have to live like this or with such people. 

Jeremy was taken from us at age 2 Vi years after (XXXX) obtained attorney (XXXX), who 
was the same attorney who represented him in a large settlement from an auto accident. I 
am told, that attorney (XXXX), as grandfather's attorney, is known to have repeatedly gotten 
(XXXX) off of several criminal charges in White County. This is a matter of record and is 


known by many in White County. I have copies of some records. (XXXX grandfather), 
through (XXXX attorney's) work, got (XXXX), the grandmother of Jeremy, legal custody 
of Jeremy. (XXXX grandfather) who cannot read or write also got his daughter (XXXX) 
and son (XXXX) diagnosed by government agencies as mentally ill. (XXXX grandfather), 
through legal channels, has taken upon himself all control of the family and is able to take 
possession of any government funding coming to these people. 

It was during this time that Jeremy was to have a six-month transitional period between 
(XXXX grandmother) and my family as we were to give him up. The court ordered 
agreement was to have been 4 days at our house and 3 days at (XXXX grandmother). 
DFCS stopped the visits within 2 weeks. The reason given by DFCS was the child was 
too traumatized going back and forth. In truth, Jeremy begged us and screamed never 
to be taken back to (XXXX his grandmother) house, which we have on video. We, as a 
family, have seen Jeremy in stores time to time with (XXXX grandmother) and the very 
people he is not to be around. At each meeting Jeremy continues to run to us wherever 
he sees us and it is clear he is suffering. This child is in a desperate situation and this is 
why I am writing, and begging you Senator Schaefer, to do something in this child's behalf. 
Jeremy can clearly describe in detail his sexual molestation by every member of this 
family and this sexual abuse continues to this day. 

When Jeremy was 5 years of age I took him to Dr. (XXXX) of Habersham County who did 
indeed agree that Jeremy's rectum was black and blue and the physical damage to the child 
was clearly a case of sexual molestation . 

Early in Jeremy's life, when he was in such bad physical condition, we took him to Egleston 
Children Hospital where at two months of age therapy was to begin three times a week. 
DFCS decided that the (XXXX grandparent family) should participate in his therapy. 
However, the therapist complained over and over that the (XXXX grandparent family) 
would not even wash their hands and would cause Jeremy to cry during these sessions. 
(XXXX the grandmother), after receiving custody no longer allowed the therapy because 
it was an inconvenience. The therapist reported that this would be a terrible thing to do 
to this child. Therapy was stopped and it was detrimental to the health of Jeremy. 

During (XXXX grandmother) custody, (XXXX uncle) has shot Jeremy with a BB gun 
and there is a report at (XXXX) County Sheriff's office. There are several amber alerts 
at Cornelia Wal-Mart, Commerce Wal-Mart, and a 911 report from (XXXX) County 
SherifTs Department when Jeremy was lost. (XXXX grandmother), to teach Jeremy a 
lesson, took thorn bush limbs and beat the bottoms of his feet. Jeremy's feet got infected 
and his feet had to be lanced by Dr. (XXXX). Then Judy called me to pick him up after 
about 4 days to take back him to the doctor because of intense pain. I took Jeremy to 


Dr. (XXXX) in Gainesville. Dr. (XXXX) said surgery was needed immediately and a cast was 
added. After returning home, (XXXX), his grandfather and (XXXX), his uncle, took him 
into the hog lot and allowed him to walk in the fllth. 

Jeremy's feet became so infected for a 2"** time that he was again taken back to Dr. (XXXX) 
and the hospital. No one in the hospital could believe this child's living conditions. 

Jeremy is threatened to keep quiet and not say anything to anyone. 

I have videos, reports, arrest records and almost anything you might need to help Jeremy. 
Please call my husband, Wendell, or me at any time. 
Sandra and (XXXX) husband (XXXX) 

Continue - Exhibit B 


Failure of DFCS 

to remove six desperate children 

A brief report regarding six children that Habersham County DFCS director failed to remove 
as disclosed to Senator Nancy Schaefer by Sheriff Deray Fincher of Habersham County. 

Sheriff Deray Fincher, Chief of Police Don Ford and Chief Investigator Lt. Greg Bowen Chief 
called me to meet with them immediately, which I did on Tuesday, October 16, 2007 

Sheriff Fincher, after contacting the Director of Habersham County DFCS several times to 
remove six children from being horribly abused, finally had to get a court order to remove the 
children himself with the help of two police officers. 

The children, four boys and two girls, were not just being abused; they were being tortured 
by a monster father. 

The six children and a live in girl friend were terrified of this man, the abuser. The children 
never slept in a bed, but always on the floor. The place where they lived was unfit for human 

The father on one occasion hit one of the boys across his head with a bat and cut the boy's 
head open. The father then proceeded to hold the boy down and sew up the child's head with 
a needle and red thread. However, even with beatings and burnings, this is only a fraction of 
what the father did to these children and to the live-in girlfriend. 

- 10- 

Sheriff Fincher has pictures of the abuse and condition of one of the boys and at the writing of 
this report, he has the father in jail in Habersham County. 

It should be noted that when the DFCS director found out that Sheriff Fincher was going to 
remove the children, she called the father and warned him to flee. 

This is not the only time this DFCS director failed to remove a child when she needed to do so. 
(See Exhibit A) 

The egregious acts and abhorrent behavior of officials who are supposed to protect children 
can no longer be tolerated. 

Senator Nancy Schaefer 
SO'*' District of Georgia 

Senator Nancy Schaefer 
302 B Coverdell Office Building 
1 8 Capitol Square, SW 
Atlanta, Georgia 30334 
Phone: 404-463-1367 
Fax:: 404-657-3217 

Senator Nancy Schaefer 
District Office 
P O Box 294 

Turnerville, Georgia 30580 
Phone: 706-754-1998 
Fax: 706-754-1803 

Please forward to anyone interested 

* • 

* -LILL ^ 

- 11 -